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Episode 322 -- Checking in on Caremark Cases
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DE Talk | Diversity, Equity & Inclusion: Progress Amidst Opposition within Corporate, Political, & Social Spheres
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Ad Law Tool Kit Show – Episode 11 – State Attorney General Investigations
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Law Firm ILN-telligence Podcast | Episode 82: Tamsin Kaplan | Davis Malm, United States
Inside the NBA with Suzanne Spellacy, General Counsel of the Minnesota Timberwolves, Minnesota Lynx and T-Wolves Gaming
The Power of Three: Maximizing Success with Law Firms, Corporate Counsel, and Legal Technology
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Podcast: California Employment News - Cases to Watch in Employment Law for 2023
Two recent developments highlight the challenges companies may face as they explore ways to incorporate AI-based chatbots into their customer service offerings: - A putative class action filed in California federal...more
On February 24, 2024, the Federal Trade Commission announced that it will require software provider Avast to pay $16.5MM and prohibit the company from selling or licensing any web browsing data for advertising purposes to...more
By a vote of 4-1, the Federal Communication Commission (FCC) adopted a new rule amending its regulations implementing the Telephone Consumer Protection Act (TCPA) to close what it refers to as the “lead generator loophole.” ...more
One internet search of the CCPA or the CPA reveals a plethora of articles outlining standard data protection requirements under those laws, from privacy notice requirements to new mandatory contractual provisions. But the...more
Recent findings by the Office of the Privacy Commissioner of Canada (“OPC”) found that Home Depot of Canada Inc. (“Home Depot”) did not obtain valid meaningful consent to share summary purchase information with Meta Platforms...more
The case of Popa v. Harriet Carter Gifts, Inc. “began with a quest for pet stairs.” Plaintiff Ashley Popa searched Harriet Carter Gifts’ website, added pet stairs to her cart, but never completed the purchase. During her...more
A California federal court recently rejected a plaintiff’s contention that text messages from a chatbot fell within the provisions of the Telephone Consumer Protection Act (TCPA) prohibiting unsolicited calls made using an...more
On November 3, 2022, an Illinois circuit court judge dismissed a Biometric Information Privacy Act (Privacy Act or BIPA) putative class action against Samsara, Inc., a DashCam developer. DashCam is a safety technology for...more
For those embroiled in Telephone Consumer Protection Act (TCPA) class action litigation, the sum of the damages may not necessarily equal the whole. In Wakefield v. ViSalus, Inc., the plaintiff and certified...more
Since becoming law in July 2021, Florida’s Telephone Solicitation Act (FTSA), Fla. Stat. § 501.059(8)(a), has been a favorite of plaintiffs’ lawyers seeking to take advantage of its ambiguous restrictions on certain sales...more
A Kentucky district court judge recently granted in part and denied in part a defendant’s motion for summary judgment in a Telephone Consumer Protection Act (TCPA) case, Barnett v. First National Bank of Omaha. The court held...more
In an ever-growing string of losses, the Seventh Circuit affirmed the Northern District of Indiana in denying class certification to serial TCPA plaintiff Gorss Motels, Inc. in Gorss Motels, Inc. v. Brigadoon Fitness, Inc., —...more
A recent Seventh Circuit decision makes an important point about how the principle that a court generally need not resolve the merits to decide class certification is bilateral – it applies to both affirmative claims and...more
A New Jersey federal court has refused to hold the CEO of companies also named as defendants in a Telephone Consumer Protection Act (TCPA) lawsuit personally liable. ...more
On October 15, 2021, Judge William G. Young of the United States District Court for the District of Massachusetts approved a $14 million settlement in a national class action lawsuit against meal-kit delivery service company,...more
Kelley Drye’s Communications Practice Group presents this tracker of active Telephone Consumer Protection Act (“TCPA”) petitions before the Federal Communications Commission (“FCC”). With the recent increase in litigation...more
A federal court out of Nebraska recently issued a decision providing a decisive post-Facebook v. Duguid victory for a company using a predictive dialer. In Grome v. USAA Savings Bank, No. 4:19-CV-3080, 2021 WL 3883713 (D....more
Staffing companies and employers using all tools at their disposal to recruit workers may face increased risk following the Ninth Circuit’s recent opinion in Loyhayem v. Fraser Financial. In Loyhayem, the court found that...more
Ringless Voicemail (“RVM”) technology provides companies the ability to reach a massive amount of people with low cost by avoiding typical telephony charges. RVM works by sending a voicemail message via server-to-server...more
The Telephone Consumer Protection Act (TCPA) bars certain types of automated calls without first obtaining the consent of the called party. Indeed, with uncapped statutory damages, the TCPA is a staple of the plaintiff’s bar,...more
After what seemed like a set of fits and starts for the California Consumer Privacy Act (CCPA), which went into effect on January 1, 2020, California Attorney General Xavier Becerra announced the approval of the final...more
The U.S. District Court for the Northern District of Illinois held that Kronos Inc., a vendor of biometric time clocks that allow employees to sign in and out using a fingerprint or handprint, could be liable for violations...more
We now have a split among federal circuits regarding the definition of an automatic telephone dialing system (ATDS), under the Telephone Consumer Protection Act (TCPA), which limits automated calls and text messages. What...more
Companies in consumer-facing industries face a continued barrage of lawsuits under the Telephone Consumer Protection Act (TCPA). In 2019, TCPA lawsuits remained one of the most commonly filed type of class action in federal...more
The Eleventh Circuit has spoken on the interpretation of the automatic telephone dialing system (“ATDS”) definition, and held that to qualify as an ATDS a device must have the capacity to randomly or sequentially generate...more